The political rights and freedoms citizens of Ukraine

Performed:

Student of 3 year, 3 group

faculty 6508/1

Baron Evgen

Gafarov Eskender

Political rights and freedoms citizens of

Ukraine

is constitutionally defined measure of possible political behavior of the person primarily

participate in direct democracy, the providing of state power and local self-government in which a

person acts primarily as a citizen of Ukraine, member of social and state relations.

Political rights and freedoms citiziens of

Ukraine –

Political rights and freedom are:

Freedom of mind and word; Freedom of gathering, meeting, procession and

demonstration; Right of petition bodies of state power and local self-

government; Right to association; Right to participate in the administrate of state affairs.

By Constitution of Ukraine, chapter 2, article 36, 38, 39, 40, all citizens of Ukraine are guaranteed political rights and freedoms and President are guarantor/

Speciality of political rightsThey include only to citizens of Ukraine, which achieved 18 years and got full of personality, except right to association in non-political organization і right to individual and collective petitions.

1)

High degree to be guaranteed not only on national level, but also on international level.

Political rights could be limited by Law in interest national security and public security, also in relation to citizens of Ukraine, which had been recognized by the courts as incapable.

2)

3)

Стаття 36Citizens of Ukraine have the right of association in political parties and public organizations for the execution and protection of their rights and freedoms, as well as for the satisfaction of their political, economic, social, cultural and other interests, except for the restrictions determined by law in the interests of national security and public order, protection of health of the population, or the protection of rights and freedoms of other people.Political parties in Ukraine promote the formation and expression of the political will of citizens and participate in elections. Only citizens of Ukraine may be members of political parties. Restrictions on membership in political parties shall be established only by this Constitution and laws of Ukraine.Citizens have the right to membership in professional unions in order to protect their labor and social-economic rights and interests.

Стаття 38Citizens have the right to participate in the administration of state affairs, in all-Ukrainian and local referenda, to elect freely and to be elected to bodies of state power and local self-government.Citizens execute the equal right of access to state service, as well as service in bodies of local self-government.

Стаття 39Citizens have the right to gather peacefully, without weapons, and to conduct assemblies, meetings, processions and demonstrations with the notification of bodies of executive power or of local self-government about their conduct.The restriction regarding the implementation of this right may be determined by court based upon the law, and only in the interests of the national and public order with the purpose to prevent disturbances and crimes, for the protection of the health of population, or the protection of the rights and freedoms of other people.

Стаття 40

All people have the right to send individual and joint petitions to state bodies, bodies of local self-government and their officials, who are required to consider petitions and provide a motivated response in the term determined by law.

Ukraine(by organization Freedom House) has reduced own rating from 115 to 133 step, at last 4 years, and from free country became partly free country. If rating was 2,5 point at 2009 year, rating reduced to 3,5 point at 2013 year. Reducing reason are state monopolization media, prohibition to using their political rights and etc.

Topicality of political rights and freedoms in Ukraine

Political rights

Right citizens to participate in the

administrate and activity state and in bodies of

state

Right to active participating person in

social life

Right to

selection

Right to referendum

right to petition

Freedom of press

Freedom of

meeting

Freedom of unions

Right of selection includes

Right to be selected

(passive right).

Right to select (active right)

Personal participation citizens in activity in bodies state power and local self-government , and thought

selected delegate, are incarnation sovereignty nation and form of democracy.

Selection are provided by this principles: They are1) general 2) equality 3) direct 4) free 5) secret.

General - Everybody, who achieved 18 year, can take part in selection.

Equality - All citizens take part in selection on equal rights, nobody have benefits by male, color of skin, language, capital, social position and etc. Every voter have only 1 voice.

Direct - Citizens vote directly for president and deputies.

Secret -Voting is carried by bulletin.

Freedom of expression -

Citizens should independently determine the candidate chosen. Invalid any pressure on the will of the voters.

Referendum

is the way to make laws or to address other important

issues

Two weapons that can both protect citizens from arbitrary state and under the guise of high ideals, prevent the abuse of power by the state in relation to its own citizens.

Citizens may be initiated referendums on any issue that can be solved in this way.However, most people do not have detailed knowledge of the law, and to calculate the consequences of making a particular issue to a referendum can only highly qualified lawyer.

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Petition – is individual and collective address (often in writing form) to bodies of state power.

Right of petition and right of address

This is the right of citizens to address the requirements suggestions, complaints, addressed to the public body or official, the competence of which includes the appeal of the proposed action

May induce public authorities to take certain steps in the interest of applicants and perhaps a way of expressing political views

Freedom of gathering - it's unlimited opportunity to meet in closed rooms, access to which can be theoretically limited collection organized, but it is not required. In this case, the effect is usually promote order if the owner agrees to carry out such actions.

Article 39 KU contains specific requirements for the organizers of such events as meetings, rallies, marches and demonstrations, to ensure their peaceful nature, and also includes restrictions on this right, which can be set by the court under the law, and only in the interests of national security or public safety of to prevent disorder or crime, for the protection of public health or the protection of the rights and freedoms of others.

Main forms of citizens’ association

Political parties Public organization

Law of Ukraine “About citizens’ association" -

Freedom of association, and is the title of the right to associate in international law means the right to associate for collective action and achieve a common goal in terms of adherence to certain rules of conduct (corporate standards). Such a combination is necessary for a person when she is not in a position to making the steps or achieve the desired goal.

fundamental act of legislation, which regulates the establishment and operation of formal civic associations, defines their rights, establishing the order of supervision and control over their activities, etc.

  Political Party - an association of citizens, supporters of a certain national social development program, having the main purpose of participation in policy-making, the formation of the government, local and regional self-government and representation in their lineup.Public organization - an association of people to meet and protect their legal, social, economic, creative, national, cultural, sports and other interests.